Transaction steps and documents

The transaction steps and documents required for your fund will depend on many factors. Typically, we can have the fund establishment documents and draft Information Memorandum with you in a matter of weeks.

STEP	Document	Purpose
1	MARQ Trustees’ Engagement Letter	Sets out key terms of the proposed engagement of MARQ Trustees.
2	MARQ Trustees’ Lawyers to draft:
	Fund Constitution	Establishes the Fund
	Sub Trust Constitution	May be required if external (bank or other) debt involved.
	Investment Management Agreement	Trustee appointment of the client as investment manager to manage the business of the fund, services to be performed, reporting required and fees payable.
	Authorised Representative Agreement	Trustee appointment of the client as a representative authorising the client to provide financial services to investors.
	Fund Administration Agreement	Trustee appointment of fund administrator to provide ongoing fund administration services.
	Registry Services Agreement	Trustee appointment of registry service provider to provide online applications portal and ongoing registry services.
3	Execute transaction documents
4	MARQ Trustees’ Lawyers to draft:
	Information Memorandum	Disclosure of sufficient information to enable an investor to make an informed decision about whether to invest.
	Verification file	Compilation of documents to verify all statements made in the Information Memorandum.
	Legal sign-off to trustee
5	MARQ Trustees releases Information Memorandum

Knowledge

Am I carrying on a “financial services business”?

The key to an AFSL requirement centres on the words: ‘Carrying on a financial services business’.

Knowledge

Do I need a Product Disclosure Statement or an Information Memorandum?

A Product Disclosure Statement (PDS) is a document required under the Corporations Act 2001 to be issued to prospective investors which must contain sufficient information so that a retail investor may make an informed decision about whether to invest.

Knowledge

Do I need an AFSL if I raise money?

Usually, yes. The financial services rules were introduced to regulate the raising of money and promote transparency and accountability in financial transactions. They generally apply to anyone who is raising money by whatever means.

Transaction steps and documents

OUR PARTNERS

MARQ Private Funds Pty Ltd

MPF Representatives Pty Ltd

MARQ Private Advisory Pty Ltd

MARQ Private Registry Pty Ltd